(By Delegates Spencer, Moore and Marshall)
[Originating in the Committee on Education]

(March 1, 2005)

A BILL to amend and reenact §18-5-32 of the Code of West Virginia,
1931, as amended; and to amend and reenact §18-14-1 of said
code, all relating to education; eliminating provisions that
created unlawful classifications based on race; deleting an
obsolete provision relating to the cooperative extension
service; and deleting other obsolete provisions relating to
college governance.

Be it enacted by the Legislature of West Virginia:
That §18-5-32 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §18-14-1 of said code be amended
and reenacted, all to read as follows:

ARTICLE 5. COUNTY BOARD OF EDUCATION.

§18-5-32. Assistant superintendents; directors and supervisors
of instruction and other educational activities.

(a) The county board of education, upon the recommendation of the county superintendent, may employ an assistant whose term of
employment shall be not less than one nor more than four years:
Provided, That such term shall not extend beyond that of the
incumbent county superintendent.(b) The board shall not employ more than one assistant for
each two hundred teachers or major fraction thereof. Provided,
however, That in such districts in which assistants are employed
and fifty or more negro teachers are employed therein, the board
may employ one negro assistant superintendent.(c) The board, upon the recommendation of the county
superintendent, shall have authorityis authorized to employ such
general and special supervisors or directors of instruction and of
such other educational activities as may be deemedconsidered
necessary.(d) The employment of the assistant superintendent shall be on
a twelve-month basis. The period of employment for all others
named herein shall be at the discretion of the board.(e) Rules and regulations for qualifications of assistant
superintendents, and directors and supervisors of instruction and
of other educational activities shall be fixed by the State Board
of Education: Provided, however,That the qualifications required
for any assistant superintendent shall in no event be higher than
those required for the superintendent: Provided, furtherhowever,
That such rules do not affect the status of any incumbent nor his
or her right to succeed himself or herself in his or her assigned position.(f) The county board of education shall have the authorityis
authorized to reimburse such employees for their necessary
traveling expenses upon presentation of a monthly, itemized, sworn
statement approved by the county superintendent.(g) Any person employed under the foregoing provision of this
section, provided he or she holds a valid teacher's certificate,
shall be given continuing contract status as a teacher and shall
hold such status unless dismissed for statutory reasons.The board may also cooperate with the extension division of
the college of agriculture in employing an agricultural club agent
for the organization and direction of boys' and girls' agricultural
clubs.(h) All acts or parts of acts inconsistent with this section
are hereby repealed.

ARTICLE 14. BLUEFIELD STATE COLLEGE.

§18-14-1. Continuation; change of name; management; rules.

The Bluefield State Teachers' College, heretofore established
and located at Bluefield, in Mercer County, shall be continued and
shall be known as the "Bluefield State College." The educational
affairs of the Bluefield State College shall be under the control,
supervision and management of the joint boards of educationHigher
Education Policy Commission.The rules and regulations made by the president and faculty of
said college for its general government, for the admission of students thereto and the standards of scholarship to be maintained
therein shall be submitted to the joint boards of education for
their approval.The negro board of education in conjunction with the state
board of education shall establish and maintain in the Bluefield
State College, in addition to the departments already established,
such other courses of study as may be expedient and practicable and
shall prescribe the conditions for graduation therefrom and make
rules for the conferring of degrees and for issuing the proper
diplomas to those who complete such courses, as in the case of
other state educational institutions.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.